SB425,14,2219 d. Except as provided in subd. 1. g., if a permit application involves a new utility
20pole or wireless support structure, and the state or a political subdivision fails to
21approve or deny the permit application under this section not later than 90 days after
22its receipt, the applicant may consider its permit application approved.
SB425,15,323 e. Except as provided in subd. 1. g., if a permit application proposes to collocate
24small wireless facilities to an existing utility pole or wireless support structure, or
25replace an existing utility pole or wireless support structure, and the state or a

1political subdivision fails to approve or deny the permit application under this
2section not later than 60 days after its receipt, the applicant may consider its permit
3application approved.
SB425,15,84 f. Except as provided in subd. 1. g., if there is any type of construction, building,
5or encroachment permit required by a political subdivision that relates to a permit
6under subd. 1. d. or e., and the political subdivision fails to approve or deny that
7permit application within the specified 60-day or 90-day time frame, the applicant
8may consider its permit application approved.
SB425,15,119 g. The applicant and the state or political subdivision may mutually agree to
10extend the deadline for the state or political subdivision to approve or deny a permit
11application under subd. 1. d., e., or f.
SB425,15,2012 h. Subject to subd. 1. i., the state or a political subdivision shall approve a
13permit application unless it does not meet the applicable codes. If the permit
14application is denied for this reason, the state or political subdivision shall provide
15the applicant with written documentation explaining the basis for the denial no later
16than the date that the permit application is denied. An applicant may cure the
17deficiencies identified in the documentation and resubmit the permit application no
18later than 30 days after receipt of the documentation without being required to pay
19an additional application fee. The state or a political subdivision shall approve or
20deny the revised permit application not later than 30 days after its receipt.
SB425,15,2421 i. The state or a political subdivision may condition approval of a permit on
22compliance with reasonable and nondiscriminatory relocation, abandonment, or
23bonding requirements that are consistent with state law applicable to other
24occupiers of rights-of-way.
SB425,16,9
1j. An applicant may file a consolidated permit application to collocate up to 30
2small wireless facilities, or a greater number if agreed to by a political subdivision,
3provided that all the small wireless facilities in the application consist of
4substantially similar equipment and are to be placed on similar types of wireless
5support structures. In rendering a decision on a consolidated permit application, a
6political subdivision may approve a permit for some small wireless facilities and
7deny a permit for others, but the political subdivision may not use the denial of one
8or more permits as a basis to deny permits for all of the small wireless facilities in
9the application.
SB425,16,1510 k. If an applicant's permit application is approved, the applicant shall
11commence the activity authorized by the permit no later than 365 days after its
12receipt and shall pursue work on the activity until completion. Neither the state nor
13a political subdivision may place any time limitation on an applicant that is related
14to the permit. An applicant may request that the state or a political subdivision
15terminate the applicant's permit.
SB425,16,1716 2. Neither the state nor a political subdivision may institute a moratorium on
17any of the following:
SB425,16,1818 a. The filing, receiving, or processing of applications.
SB425,16,2019 b. The issuance of permits or other approvals for the collocation of small
20wireless facilities.
SB425,16,2421 3. An approval under this section authorizes only the installation, placement,
22maintenance, or operation of a small wireless facility to provide wireless service and
23does not authorize the provision of any other service or the installation, placement,
24maintenance, or operation of wireline backhaul service in a right-of-way.
SB425,17,12
14. A political subdivision may enact an ordinance to prohibit, in a
2nondiscriminatory way, a communications service provider from installing
3structures in the right-of-way of a historic district or an underground district,
4except that the ordinance may not prohibit collocations or the replacement of existing
5structures. In this subdivision, a historic district is an area designated as historic
6by the political subdivision, listed on the national register of historic places in
7Wisconsin, or listed on the state register of historic places. In this subdivision, an
8underground district is an area designated by the political subdivision in which any
9pipe, pipeline, duct, wire, line, conduit, or other equipment, which is used for the
10transmission, distribution, or delivery of electrical power, heat, water, gas, sewer, or
11telecommunications equipment, is located underground. This subdivision applies
12only to ordinances enacted on or before January 1, 2014.
SB425,17,1813 (d) Application fees. 1. The state or a political subdivision may charge an
14application fee only if an application fee is required for similar types of permit
15applications related to other types of commercial development within the
16governmental unit's jurisdiction. Such a fee may be imposed only for the actual,
17direct, and reasonable costs incurred by the governmental unit that relate to the
18processing and granting of the permit.
SB425,17,1919 2. An application fee may not include any of the following:
SB425,17,2020 a. Travel expenses incurred by a 3rd party in its review of an application.
SB425,17,2221 b. A direct payment or reimbursement of 3rd-party rates or fees charged on a
22contingency basis or a result-based arrangement.
SB425,17,2523 3. If a dispute arises concerning the appropriateness of an application fee, the
24state or political subdivision bears the burden of proving that the fee is reasonably
25related to the actual, direct, and reasonable costs incurred by the governmental unit.
SB425,18,2
14. Notwithstanding subds. 1. to 3., an application fee may not exceed the lesser
2of the following:
SB425,18,43 a. A building permit issued by the state or a political subdivision for any similar
4commercial construction, activity, or land use development.
SB425,18,75 b. One hundred dollars each for up to 5 small wireless facilities that are
6specified in the permit application, and $50 for each additional small wireless facility
7that is specified in the permit application.
SB425,18,98 (e) Approvals not required. Neither the state nor a political subdivision may
9require applications, permits, or fees for any of the following:
SB425,18,1010 1. Routine maintenance.
SB425,18,1511 2. The replacement of a small wireless facility with a small wireless facility that
12is substantially similar to, or the same size or smaller than, the existing small
13wireless facility, except that the governmental unit may require the person seeking
14to replace the small wireless facility to obtain a permit to work within a right-of-way
15to complete such a replacement.
SB425,18,1816 3. The installation, placement, maintenance, operation, or replacement of
17microwireless facilities that are strung on cables between existing utility poles or
18wireless support structures in compliance with applicable codes.
SB425,18,2119 (f) Traffic work permits. Nothing in this section prohibits a political subdivision
20from requiring a work permit for work that will unreasonably affect traffic patterns
21or obstruct vehicular traffic in a right-of-way.
SB425,19,2 22(4) Access to governmental structures. (a) Collocation of small wireless
23facilities on governmental poles and utility poles for designated services.
1. A person
24owning or controlling a governmental pole or a utility pole for designated services

1may not enter into an exclusive arrangement with any person for the right to attach
2to, or use, such poles.
SB425,19,53 2. The fees or rates charged by the owner of a pole described under subd. 1. may
4not be discriminatory, without regard to the type of collocation provided by the person
5who contracts to use such a pole.
SB425,19,116 3. The rate a political subdivision may charge a wireless provider to collocate
7a small wireless facility on a utility pole for designated services owned or operated
8by the political subdivision shall be governed by an agreement between the political
9subdivision and the wireless provider. If there is a failure to agree on the rate, the
10public service commission shall determine the compensation pursuant to the
11procedures in s. 196.04 and the determination shall be reviewable under s. 196.41.
SB425,19,2112 4. The rate an owner of a governmental pole other than a utility pole for
13designated services charges another person to collocate on the owner's pole shall be
14sufficient to recover the actual, direct, and reasonable costs related to the applicant's
15application for, and use of, space on the pole, except that the total annual rate for a
16collocation and any related activities may not exceed the lesser of the actual, direct,
17and reasonable costs related to the collocation or $100 per year per pole. If a dispute
18arises concerning the appropriateness of a rate charged by the state or political
19subdivision under this subdivision, the governmental unit bears the burden of
20proving that the fee is reasonably related to the actual, direct, and reasonable costs
21incurred by the governmental unit.
SB425,20,322 5. a. Except as provided in subd. 5. b., by the later of the first day of the 7th
23month beginning after the effective date of this subd. 5. a. .... [LRB inserts date], or
243 months after receiving its first request to collocate a small wireless facility on a
25governmental pole, other than a utility pole for designated services, the state or a

1political subdivision shall make available, through ordinance or otherwise, rates,
2fees, and terms for the collocation of small wireless facilities on governmental poles
3that comply with this subsection.
SB425,20,114 b. Agreements between a wireless provider and the state or a political
5subdivision that are in effect on the effective date of this subd. 5. b. .... [LRB inserts
6date], and that relate to the collocation of small wireless facilities in the
7right-of-way, including the collocation of small wireless facilities on governmental
8poles, remain in effect, subject to applicable termination provisions, except that by
9the first day of the 25th month beginning after the effective date of this subd. 5. b.
10.... [LRB inserts date], the state or political subdivision shall amend any such
11agreement to comply with the rates, fees, and terms required under this subsection.
SB425,20,1812 6. With regard to a governmental pole that supports aerial cables used for
13video, communications, or electric service, and with regard to utility poles for
14designated services, the parties shall comply with the process for make-ready work
15under 47 USC 224 and its implementing regulations, including 47 CFR 1.1420 and
161.1422. The good faith estimate of the person owning or controlling such poles for
17any make-ready work necessary to enable the pole to support the requested
18collocation must include pole replacement if necessary.
SB425,21,319 7. With regard to a governmental pole that does not support aerial cables used
20for video, communications, or electric service, the governmental unit shall provide
21a good faith estimate for any make-ready work necessary to enable the pole to
22support the requested collocation, including pole replacement if necessary, not later
23than 60 days beginning after receipt of a complete application, except that the
24governmental unit may provide the applicant with access to the governmental pole
25that is necessary for the applicant to make that estimate. Make-ready work,

1including any pole replacement, must be completed within 60 days after the
2applicant's written acceptance of a good faith estimate provided by the governmental
3unit or within 60 days after the applicant makes the estimate.
SB425,21,114 8. A person owning or controlling a governmental pole other than a utility pole
5for designated services may not require more make-ready work than required to
6meet applicable codes or industry standards. Fees for make-ready work may not
7include any costs that are related to preexisting conditions, prior damage, or
8noncompliance with currently applicable standards. Fees for make-ready work,
9including any pole replacement, may not exceed actual costs or the amount charged
10to other communications service providers for similar work, and may not include any
11consultant fees or expenses.
SB425,21,1912 (b) Collocation on governmental wireless support structures and utility poles
13outside the right-of-way.
The state or a political subdivision shall authorize the
14collocation of small wireless facilities on wireless support structures and utility poles
15owned or operated by a governmental unit that are not located within the
16right-of-way to the same extent that the governmental unit permits access to such
17structures for other commercial projects or uses. Such collocations are subject to sub.
18(3) (c) 4. and to reasonable and nondiscriminatory rates, fees, and terms as are
19provided in an agreement between the governmental unit and a wireless provider.
SB425,21,23 20(5) Local authority. (a) Subject to the provisions of this section, ss. 182.017
21and 196.58, and applicable federal law, and except as provided under par. (b), a
22political subdivision may exercise zoning, land use, planning, and permitting
23authority with respect to wireless support structures and utility poles.
SB425,22,324 (b) A political subdivision may not exercise any authority over the design,
25engineering, construction, installation, or operation of any small wireless facility

1located in an interior structure or upon the site of any campus, stadium, or athletic
2facility that is not owned or controlled by the political subdivision, other than to
3comply with applicable codes.
SB425,22,64 (c) 1. In this paragraph, “affiliate” means a person that directly, or indirectly
5through one or more intermediaries, controls, or is controlled by, or is under common
6control with, another person.
SB425,22,157 2. Except as provided in this section or required by federal law, a political
8subdivision may not adopt or enforce any regulation on the placement or operation
9of communications facilities in a right-of-way, or regulate, impose, or collect fees on
10communication services in a right-of-way, that are provided by an entity authorized
11on the effective date of this subdivision .... [LRB inserts date], to operate in the
12right-of-way, or by that entity's wireless provider affiliate, and may not regulate or
13impose or collect fees on communications services except to the extent specifically
14provided for in that authorization, and unless expressly required by state or federal
15statute.
SB425,23,3 16(6) Dispute resolution. Except as provided in sub. (4) (a) 3., and
17notwithstanding ss. 182.017 (8) (a) and 196.58 (4) (a), a court of competent
18jurisdiction shall determine all disputes arising under this section. Unless otherwise
19agreed to by the parties to a dispute, and pending resolution of a right-of-way access
20rate dispute, a political subdivision controlling access to and use of a right-of-way
21shall allow the placement of a small wireless facility or wireless support structure
22at a temporary rate of one-half of the political subdivision's proposed annual rate,
23or $20, whichever is less. Rates shall be reconciled and adjusted upon final resolution
24of the dispute. Pending the resolution of a dispute concerning rates for collocation
25of small wireless facilities on government poles or utility poles for designated

1services, the person owning or controlling the pole shall allow the collocating person
2to collocate on its poles, at annual rates of no more than $20 per year per pole, with
3rates to be reconciled and adjusted upon final resolution of the dispute.
SB425,23,13 4(7) Indemnification. A wireless provider shall indemnify and hold harmless
5a political subdivision against any and all liability and loss from personal injury or
6property damage resulting from or arising out of, in whole or in part, the use or
7occupancy of rights-of-way by the wireless provider or its employees, agents, or
8contractors arising out of the rights and privileges granted under this section. A
9wireless provider has no obligation to indemnify or hold harmless against any
10liabilities and losses as may be due to or caused by the sole negligence of the political
11subdivision or its employees or agents. A wireless provider shall waive any claims
12that it may have against a political subdivision with respect to consequential,
13incidental, or special damages, however caused, based on the theory of liability.
SB425,23,18 14(8) Federal law; contracts. Nothing in this section adds to, replaces, or
15supersedes federal laws regarding utility poles owned by investor-owned electric
16utilities nor shall this section impose or otherwise affect any rights, controls, or
17contractual obligations investor-owned electric utilities may establish with respect
18to their utility poles.
SB425,23,23 19(9) Private property owners. Nothing in this section is intended to authorize
20a person to place, maintain, modify, operate, or replace a privately owned utility pole
21or wireless support structure or to collocate small wireless facilities on a privately
22owned utility pole, a privately owned wireless support structure, or other private
23property without the consent of the property owner.
SB425,3 24Section 3. Initial applicability.
SB425,24,4
1(1) The treatment of section 66.0404 (4e) of the statutes first applies to an
2application for a building permit, or any other kind of permit, to construct a new, or
3substantially modify an existing, mobile service support structure that is filed with
4a political subdivision on January 1, 2018.
SB425,24,55 (End)
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